国务院关于贯彻实施《中华人民共和国行政复议法》的通知 Circular of the State Council on the Implementation of the Law of the Peo

(Promulgated by Document No. [1999] 10 of the State Council on May 6, 1999)
颁布日期：19990506 　实施日期：19990506 　颁布单位：国务院

　　The Law of the People's Republic of China on Administrative Reconsideration (hereinafter referred to as the Administrative Reconsideration Law) has been adopted by the Ninth Meeting of the Standing Committee of the Ninth National People's Congress on April 29,1999, and will take effect as of October 1, 1999. This is a significant event in the construction of socialist democracy and legal system in our country. It is an important responsibility of administrative organs at various levels to guarantee the complete and correct implementation of the Administrative Reconsideration Law, and to promote the governments at various levels and the departments thereof to illegally execute administration and strictly govern administration, so as to build an honest, realistic, efficient and diligent government. It is also an important task in the government legal system construction. The local governments at various levels and the departments under the State Council should pay great attention to the implementation of the Administrative Reconsideration Law, and practically do good jobs in the work in relation to its implementation. In order to achieve that, the Circular is given as follows:

　　1.Understand the importance of the Administrative Reconsideration Law from the point of basic strategy of governing the country according to law and the point of executing administration in strict accordance with law, and learn and publicize the Administrative Reconsideration Law in a down-to-earth way

　　Administrative reconsideration is an important supervisory mechanism for the administrative organs to correct mistakes by themselves. The Administrative Reconsideration Law, on the basis of summing up practical experience from the implementation of Regulations on Administrative Reconsideration formulated by the State Council in 1990, further improves the administrative reconsideration system, which includes: to enlarge the scope of administrative reconsideration, so as to further reinforce the role of administrative reconsideration in solving administrative disputes; to simplify application procedures of administrative reconsideration, so as to fully embody the principle of convenience-for-people; to authorize the party concerned with the right of initiative in relation to the supervision mechanism of regulatory documents; to establish the system that the State Council accepts administrative reconsideration cases involving departments under the State Council and governments at the provincial level and makes final decision, by which to strengthen the State Council's supervision over its departments and governments at the provincial level; and to strictly specify the administrative organs' legal liability for not implementing the function of administrative reconsideration. The Administrative Reconsideration Law, after the promulgation of the Administrative Procedural Law, the State Compensation Law and the Administrative Penalty Law, is another important law for normalizing governmental conducts, it has important significance in not only protecting legal rights and interests of citizens, legal persons and other organizations, but also in guaranteeing and supervising administrative organs to perform their function and powers according to law, in promoting the execution of administration according to law and governing the administration in a strict way, in increasing working efficiency, in strengthening the construction of honest government, in maintaining close tie between the government and people, and in maintaining social stability. The staff members of administrative organs at various levels, especially the leaders, should, from the point of basic strategy of governing the country according to law and the point of executing administration in strict accordance with law, understand the imp

ortance of the implementation of the Administrative Reconsideration Law, earnestly study the Administrative Reconsideration Law, deeply comprehend its spirit and crux, strengthen the consciousness in legally executing administration, and in improving the ability in legally executing administration. Governments at various levels and their departments should lay out concrete measures for studying, publicizing and implementing the Administrative Reconsideration Law, and pay close attention to its fulfillment. It is necessary to take advantage of newspaper, broadcasting, television and other media, by adopting all kinds of vivid and lively forms, to deeply publicize the Administrative Reconsideration Law to the masses, with a purpose of making everybody know it, have an intimate knowledge about the administrative reconsideration system, and use it to protect their legal rights and interests. It is necessary, by combining the implementation of the Administrative Reconsideration Law, to further strengthen the training on the personnel of administrative law-enforcement and the personnel engaging in concert work in relation to administrative reconsideration. The working agencies of legal system under the governments at or above the county level and their departments should, under the uniform leadership of the governments at the same level or their departments, organize the work in relation to studying, publicizing and training in their own localities or departments.

　　2.Carry out the work of administrative reconsideration in strict accordance with Administrative Reconsideration of Law

　　The Administrative Reconsideration Law clearly specifies the scope, application, acceptance, decision, and legal liability of administrative reconsideration. Governments at or above the county level and their departments should strictly implement these provisions, earnestly perform their functions and duties in administrative reconsideration. As to the review and disposition of the regulatory documents used as basis in specific administrative acts applied for administrative reconsideration as well as the transference of applications for administrative reconsideration by the governments at the county level, the localities may make specific provisions according to their legal authorization. It is necessary, on the basis of summing up practical experience of administrative reconsideration, to establish and perfect the record system of major administrative reconsideration decisions, pay close attention to the revision of standardized format of administrative reconsideration documents, further perfect the system of statistics of administrative reconsideration and response to reconsideration. As to problems concerning the concrete application of the Administrative Reconsideration Law, the Legislative Affairs Office of the State Council should handle these matters according to the provisions of the Decision on Strengthening the Work Concerning the Interpretation of Law adopted by the Standing Committee of the National People's Congress.

　　3.Reinforce supervision and inspection over administrative reconsideration activities

　　The Administrative Reconsideration Law clearly stipulates the supervision over administrative reconsideration activities, and clearly specifies the legal liability for law-breaking acts of administrative reconsideration organs and their staff members. Governments at or above the county level and their departments should strictly reinforce supervision over administrative reconsideration activities, and take the inspection over circumstances as priority, such as whether accepting administrative reconsideration case according to law, whether transferring application of administrative reconsideration according to provisions, and whether conducting review and making decisions of administration reconsideration according to law; once the circumstances are found such as not accepting applications for administrative

reconsideration that should be accepted, not making decisions that should be made, as well as that officials shelter officials or any other serious neglect of duties, investigation and punishment should be conducted in strict accordance with law, and correction should be firmly made; where legal liability should be investigated, it should be done according to law, first of all, the legal liability of responsible persons should be investigated. The working agencies of legal system under the governments at or above the county level should, according to uniform deployment of the governments at the same level, concretely organization and undertake the work in relation to the supervision and inspection over administrative reconsideration. Where a working agency of legal system finds that the governments at lower level or the departments under the governments at the same level do not accept applications for administrative reconsideration without justified reasons, do not make administrative reconsideration decisions within legal time limit, do not fulfil the administrative reconsideration decisions, retaliate the applicants or commit any other acts violating the Administrative Reconsideration Law, it should offer suggestions of deposition to the government at the same level or to the administrative supervisory department at the corresponding level. The administrative departments received suggestions should dispose it within two months according to the Administrative Reconsideration Law and the relative laws and administrative regulations.

　　4.Provide necessary guarantee to the normal carrying out of administrative reconsideration work

　　Administrative reconsideration law stipulates: "The organs in charge of administrative reconsideration should not claim any fee from applicants. The cost of administrative reconsideration should be considered as part of admi

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/